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1* 


1. 


PERMANENT   CONSTITUTION 


OF    THt; 


^^I'N 


J 


NFEDERATE  STATES  OF  AMERICA! 


ADOPTED    BY    THE 


CONFEDERATE   CONGRESS, 


MARCH    11,    1861 


?>  • 


■DK, 


•4*— ,\*:»  ir^w'L i  c ^  v.- _  ■..■  _  i»l^ --•  1^ »-- 1. 1^0.'.-- — '' 


PERMANENT  CONSTITUTION 


OF   THE 


COIFEDERATE  SIHES  OF  AIERICA 


ADOPTED    BY    THE 


CONFEDERATE   CONGRESS, 


MARCH   11,    18G1. 


RICHMOND: 

PRINTED    BY    JAMES    E.    GOODE, 
1861. 


c 


cojntederate  constitution. 


J 


"We,  the  people  of  the  Confederate  States,  each  state  acting  in  its  sove- 
reign and  independent  character,  in  order  to  form  a  permanent  federal 
government,  establish  justice,  insure  domestic  tranquility  and  secure  the 
blessings  of  liberty  to  ourselves  and  our  posterity — invoking  the  favor 
and  guidance  of  Almighty  God — do  ordain  and  establish  this  constitu- 
tion for  the  Confederate  States  of  America: 

ARTICLE    I. 

SECTION  1. 

All  legislative  powers  herein  delegated  shall  be  vested  in  a  congress  of 
the  Confederate  States,  which  shall  consist  of  a  senate  and  house  of 
representatives.  • 

SECTION  2. 

1.  The  house  of  representatives  shall  be  composed  of  members  chosen 
every  second  year  by  the  people  of  the  several  states;  and  the  electors 
in  each  state  shall  be  citizens  of  the  Confederate  States,  and  have  the 
qualifications  requisite  for  electors  of  the  most  numerous  branch  of  the 
state  legislature;  but  no  person  of  foreign  birth,  not  a  citizen  of  the 
Confederate  States,  shall  be"  allowed  to  vote  for  any  officer,  civil  or  po- 
litical, state  or  federal. 

2.  No  person  shall  be  a  representative  who  shall  not  have  attained  the 
age  of  twenty-five  years,  and  be  a  citizen  of  the  Confederate  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  that  state  in  which  he 
shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  states,  which  may  be  included  within  this  Confederacy,  according 
to  their  respective  numbers,  which  shall  be  determined  by  adding  to  the 
whole  number  of  free  persons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three-fifths  of  all  slaves.    Tho 


actual  enumeration  shall  be  made  within  three  j'^ears  after  the  first  meet- 
ing of  the  congress  of  the  Confederate  States,  and  within  every  subse- 
quent term  of  ten  years,  in  such  manner  as  they  shall  by  law  direct. 
The  number  of  representatives  shall  not  exceed  one  for  every  fifty  thou- 
sand, but  each  state  shall  have  at  least  one  representative ;  and  until 
such  enumeration  shall  be  made,  the  state  of  South  Carolina  shall  be 
entitled  to  choose  six ;  the  state  of  Georgia  ten ;  the  state  of  Alabama 
nine;  the  state  of  Florida  two;  the  state  of  Mississippi  seven;  the  state 
of  Louisiana  six,  and  the  state  of  Texas  six. 

4.  When  vacancies  happen  in  the  representation  from  any  state,  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such  va- 
cancies. 

5.  The  house  of  representatives  shall  choose  their  speaker  and  other 
officers;  and  shall  have  the  sole  power  of  impeacliment;  except  that  any 
judicial  or  other  federal  officer,  resident  and  acting  solely  within  the 
limits  of  any  state  may  be  impeached  by  a  vote  of  two-thirds  of  both 
branches  of  the  legislature  thereof. 

SECTION  3. 

1.  The  senate  of  the  Confederate  States  shall  be  composed  of  two 
senators  from  each  state,  chosen  for  six  years  by  the  legislature  thereof, 
at  the  regular  session  next  immediately  preceding  the  commencement  of 
the  term  of  service;  and  each  senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled,  in  consequence  of  the 
first  election,  they  shall  be  divided  as  equally  as  may  be  into  three 
classes.  The  seats  of  the  senators  of  the  first  class  shall  be  vacated  at 
the  expiration  of  the  second  year ;  of  the  second  class  at  the  expiration 
of  the  fourth  year;  and  of  the  third  class  at  the  expiration  of  the  sixth 
year;  so  that  one-third  may  be  chosen  every  second  year;  and  if  vacan- 
cies happen  by  resignation  or  otherwise  during  the  recess  of  the  legisla- 
ture of  any  state,  the  executive  thereof  may  make  temporary  appoint- 
ments until  the  next  meeting  of  the  legislature  which  shall  then  fill  such 
vacancies, 

3.  No  person  shall  be  a  senator  who  shall  not  have  attained  the  age 
of  thirty  years,. and  be  a  citizen  of  the  Confederate  States; ...and  Avho 
shall  not,  Avhcn  elected,  be  an  inhabitant  of  the  state  for  whicli  he  shall 
be  chosen. 

4.  The  vice-president  of  the  Confederate  States  shall  be  president  of 
the  senate,  but  shall  have  no  vote  unless  they  be  equally  divided. 

5.  The   senate  ^^liall  choose  their  officers;  and  also  a  president  p7'o 


tempore  in  the  absence  of  the  vice-president,  or  when  he  shall  exercise 
the  office  of  president  of  the  Confederate  States. 

6.  The  senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose  they  shall  be  on  oath  or  affirmation. 
When  the  president  of  the  Confederate  States  is  tried*,  the  chief  justice 
shall  preside ;  and  no  person  shall  be  convicted  without  the  concurrence 
of  two-tliirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  further  than 
to  removal  from  office  and  disqualification  to  hold  and  onjoy  any  office 
of  honor,  trust  or  profit  under  the  Confederate  States;  but  the  party 
convicted  shall  nevertheless  be  liable  and  subject  to  indictment,  trial, 
judgment  and  punishment  according  to  law. 

SECTION  4. 

1.  The  times,  place  and  manner  of  holding  elections  for  senators  and 
represenatives  shall  be  prescribed  in  eacli  state  by  the  legislature  thereof, 
subject  to  the  provisions  of  this  constitution;  but  the  congress  may,  at 
any  time,  by  law,  make  or  alter  such  regulations  except  as  to  the  times 
and  places  of  choosing  senators. 

2.  The  congress  shall  assemble  at  least  once  in  every  year;  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall,  by 
law,  appoint  a  different  day. 

SECTION  5. 

1.  Each  house  shall  be  the  judge  of  the  elections,  returns  and  qualfi- 
cations  of  its  own  members,  and  a  majority  of  each  shall  constitute  a 
•quorum  to  do  business;  but  a  smaller  number  may  adjourn  from  day  to 
day,  and  may  be  authorized  to  compel  the  attendance  of  absent  mem- 
bers in  such  manner  and  under  such  penalties  as  each  house  may  provide. 

2:  Each  house  may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behavior,  and  with  the  concurrence  of  two-thirds 
of  tlie  whole  number  expel  a  member. 

8.  p]ach  liouse  shall  keep  a  journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  parts  as  may  in  their  judgment 
require  secresy;  and  the  yeas  and  nays  of'  the  members  of  either  house, 
on  any  question,  shall  at  the  de'iire  of  one-fifth  of  those  present,  be  en- 
tered on  the  journal. 

.4.  Neither  house  during  the  session  of  Congress  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 

plnrp  lli.-ri   tV»nf   ^1^  vW-A,  i\c  ♦v,-/-,  housCS  }-hal1  V,C  lejttin"'. 


SECTION  6. 

1.  The  senators  and  representatives  shall  receive  a  compensation  for 
their  services,  to  be  ascertained  by  law,  and  paid  out  of  the  treasury  of 
the  Confederate  States.  They  shall  in  all  cases  except  treason,  felony 
and  breach  of  the  peace,  be  privileged  from  arrest  during  their  atten- 
dance at  the  session  of  their  respective  houses  and  in  going  to  and  re- 
turning from  the  same;  and  for  any  speech  or  debate  in  either  house 
they  shall  not  be  questioned  in  any  other  place. 

2.  No  senator  or  representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority  of  the 
Confederate  States  Av.hich  shall  have  been  created,  or  the  emoluments 
whereof  shall  have  been  increased  during  such  time;  and  no  person 
holding  any  office  under  the  Confederate  States  shall  be  a  member  of 
either  house  during  his  continuance  in  office.  But  congress  may,  by 
law,  grant  to  the  principal  officer  in  each  of  the  executive  departments 
a  seat  upon  the  floor  of  either  house,  with  the  privilege  of  discussing 
any  measures  appertaining  to  his  department. 

SECTION  7. 

1.  All  bills  for  raising  the  revenue  shall  originate  in  the  house  of  rep- 
resentatives ;  but  the  senate  may  propose  or  concur  Avith  amendments  as 
on  other  bills. 

2.  Every  bill  which  shall  have  passed  both  houses,  shall,  before  it  be- 
comes a  law,  be  presented  to  the  president  of  the  Confederate  States; 
if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it,  with  his- 
objections,  to  that  house  in  which  it  shall  have  originated,  who  shall 
enter  the  objections  at  large  on  their  journal,  and  proceed  to  reconsider 
it.  If,  after  such  reconsideration,  two-thirds  of  that  house  shall  agree 
to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections,  to  the 
other  house,  by  which  it  sliall  likewise  be  reconsidered,  and  if  approved 
by  two-thirds  of  that  house,  it  shall  become  a  law.  But  in  all  such 
cases,  the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  and  against  tlie  bill  shall  be 
entered  on  the  journal  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  president  within  ten  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in 
like  manner  as  if  he  had  signed  it,  unless  the  congress,  by  their  adjourn- 
ment, prevent  its  return;  in  which  case  it  shall  not  be  a  law.     The  pre- 


sident  may  approve  any  appropriation  and  disapprove  any  other  appro- 
priation in  the  same  bill.  In  such  case  he  shall,  in  signing  the  bill, 
designate  the  appropriations  disapproved;  and  shall  return  a  copy  of 
such  appropriations,  with  his  objections,  to  the  house  in  which  the  bill 
shall  have  originated;  and  the  same  proceedings  shall  then  be  had  as  in 
case  of  other  bills  disapproved  by  the  president. 

3.  Every  order,  resolution  or  vote,  to  which  the  concurrence  of  both 
houses  may  be  necessary,  (except  on  a  question  of  adjournment,)  shall 
be  presented  to  the  president  of  the  Confederate  States ;  and  before  the 
same  shall  take  eflfect,  shall  be  approved  by  him;  or,  being  disapproved, 
shall  be  repassed  by  two-thirds  of  both  houses,  according  to  the  rules 
and  limitations  prescribed  in  case  of  a  bill. 

SECTION  8. 

The  congi-ess  shall  have  power — 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  for  revenue 
necessary  to  pay  the  debts,  provide  for  the  common  defence,  and  carry 
on  the  government  of  the  Confederate  States ;  but  no  bounties  shall  be 
granted  from  the  treasury;  nor  shall  any  duties  or  taxes  on  importa- 
tions from  foreign  nations  be  laid  to  promote  or  foster  any  branch  of 
industr}^  and  all  duties,  imposts,  and  excises  shall  be  uniform  through- 
out the  Confederate  States : 

2.  To  borrow  money  on  the  credit  of  the  Confederate  States: 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the  several 
states,  and  with  the  Indian  tribes;  but  neither  tliis,  nor  any  other  clause 
contained  in  the  constitution,  shall  ever  be  construed  to  delegate  the 
power  to  congress  to  appropriate  money  for  any  internal  improvement 
intended  to  facilitate  commerce ;  except  for  the  purpose  of  furnishing 
lights,  beacons,  and  buoys,  and  other  aid  to  navigation  upon  the  coasts, 
and  the  improvement  of  harbors  and  the  removing  of  obstructions  in 
river  navigation,  in  all  which  cases,  such  duties  shall  be  laid  on  the  navi- 
gation facilitated  thereby,  as  may  be  necessary  to  pay  the  costs  and 
expenses  thereof: 

4.  To  establish  uniform  laws  of  naturalization,  and  uniform  laws  on 
the  subject  of  bankruptcies,  throughout  the  Confederate  States ;  but  no 
law  of  congress  shall  discharge  any  debt  contracted  before  the  passage 
of  the  same: 

5.  To  coin  money,  regulate  the  value  thereof  and  of  foreign  coin,  and 
fix  the  standard  of  weights  and  measures: 


8 

C.  To  provide  for  the  punishment  of  counterfeiting  the  securities  and 
current  coin  of  the  Confederate  States: 

7.  To  establish  post-offices  and  post-routes;  but  the  expenses  of  the 
post-office  department,  after  the  first  day  of  March,  in  the  year  of  our 
Lord  eighteen  hundred  and  sixty-three,  shall  be  paid  out  of  its  own 
revenues : 

8.  To  promote  the  progress  of  science  and  useful  arts,  by  securing  for 
limited  times  to  authors  and  inventors  the  exclusive  right  to  their  respec- 
tive vvritin2;s  and  discoveries : 

9.  To  constitute  tribunals  inferior  to  the  supreme  court : 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the  high 
seas,  and  ofiences  against  the  law  of  nations : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rules  concerning  captures  on  land  and  on  water : 

12.  To  raise  and  support  armies ;  bnt  no  appropriation  of  money  to 
that  use  shall  be  for  a  longer  term  than  two  years : 

13.  To  provide  and  maintain  a  navy: 

14.  To  make  rules  for  the  government  and  regulation  of  the  land  and 
naval  forces : 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the 
"Confederate  States,  suppress  insurrections,  and  repel  invasions: 

16.  To  provide  for  organizing,  arming,  and  disciplining  the  militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the  service 
of  the  Confederate  States;  reserving  to  the  states,  respectively,  the 
appointment  of  the  officers,  and  the  authority  of  training  the  militia 
according  to  the  discipline  prescribed  by  congress : 

17.  To  exercise  exclusive  legislation,  in  all  cases  whatsoever,  over 
such  district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of  one 
or  more  states  and  the  acceptance  of  congress,  become  the  seat  of  the 
government  of  the  Confederate  States;  and  to  exercise  like  authority 
over  places  purchased  by  the  consent  of  the  legislature  of  the  state  in 
which  the  same  shall  be,  for  the  erection  of  forts,  magazines,  arsenals, 
dockyards,  and  other  needful  buildings :  and 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for  carryr 
ing  into  execution  the  foregoing  powers,  and  all  other  powers  vested  by 
this  constitution  in  the  government  of  the  Confederate  States,  or  in  any 
department  or  officer  thereof. 

SECTION    9. 

1.  The  importation  of  negroes  of  the  African  race,  from  any  foreign 


9 

country  other  than  the  sLaveholding  states  or  territories  of  the  United 
States  of  America,  is  hereby  forbidden;  and  congress  is  required  to 
pass  such  Laws  as  shall  effectually  prevent  the  same. 

2.  Congress  shall  also  have  power  to  prohibit  the  introduction  of 
slaves  from  any  state  not  a  member  of,  or  territory  not  belonging  to, 
this  Confederacy. 

3.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  case  of  rebellion  or  invasion  the  public  safety  may 
require  it. 

4.  Tn  0  bill  of  attainder,  ex  post  facto  law,  or  law  denying  or  impairing 
the  right  of  property  in  negro  slaves  shall  be  passed. 

5.  No  capitation  or  other  direct  tax  shall  be  laid,  unless  in  proportion 
to  the  census  or  enumeration  hereinbefore  directed  to  be  taken. 

6.  No  tax  or  duty  shall  be  laid  on  ai  tides  exported  from  any  state, 
except  by  a  vote  of  two-thirds  of  both  houses. 

7.  No  preference  shall  be  given  by  any  regulation  of  commerce  or 
revenue  to  the  ports  of  one  state  over  those  of  another. 

8.  No  money  shall  be  drawn  from  the  treasury,  but  in  consequence  of 
appropriations  made  by  law;  and  a  regular  statement  and  account  of 
the  receipts  and  expenditures  of  all  public  money  shall  be  published 
from  time  to  time. 

9.  Congress  shall  appropriate  no  money  from  the  treasury,  except  by 
a  vote  of  two-thirds  of  both  houses,  taken  by  yeas  and  nays,  unless  it 
be  asked  and  estimated  for  by  some  one  of  the  heads  of  departments, 
and  submitted  to  Congress  by  the  president;  or  for  the  purpose  of  pay- 
ing its  own  expenses  and  contingencies;  or  for  tlie  payment  of  claims 
against  the  Confederate  States,  the  justice  of  which  shall  have  been 
judicially  declared  by  a  tribunal  for  the  investigation  of  claims  against 
the  government,  which  it  is  hereby  made  the  duty  of  congress  to  estab- 
lish.     • 

10.  All  bills  appropriating  money  shall  specify  in  federal  currency 
the  exact  amount  of  each  appropriation,  and  the  purposes  for  Avhich  it 
is  made;  and  congress  sliall  grant  no  extra  compensation  to  any  public 
contractor,  officer,  agent  or  servant,  after  such  contract  shall  have  been 
made  or  such  service  rendered. 

11.  No  title  of  nobility  shall  be  granted  by  the  Confederate  States; 
and  no  person  holding  any  office  of  profit  or  trust  under  them,  shall, 
without  the  consent  of  the  congress,  accept  of  any  present,  emolument, 
office  or  title  of  any  kind  whatever,  from  any  king,  prince,  or  foreign 
state. 

2 


10 

12.  Congress  shall  make  no  law  respecting  an  establishment  of  reli- 
gion, or  prohibiting  the  free  exercise  thereof;  or  abridging  the  freedom 
of  speech,  or  of  the  press ;  or  the  right  of  the  people  peaceably  to 
assemble  and  petition  the  government  for  a  redress  of  grievances. 

13.  A  Avell  regulated  militia  being  necessary  to  the  security  of  a  free 
state,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be  in- 
fringed, 

14.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  a  manner 
to  be  prescribed  by  law. 

15.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures,  shall  not 
be  violated ;  and  no  warrants  shall  issue  but  upon  probable  cause,  sup- 
ported by  oath  or  affirmation,  and  particularly  describing  the  place  to 
be  searched,  and  the  persons  or  things  to  be  seized. 

16.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  infa- 
mous crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury, 
except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the  militia, 
when  in  actual  service  in  time  of  war  or  public  danger ;  nor  shall  any 
person  be  subject  for  the  same  offence  to  be  twice  put  in  jeopardy  of  life 
or  limb  ;  nor  be  compelled,  in  any  criminal  case,  to  be  a  witness  against 
himself ;  nor  be  deprived  of  life,  liberty,  or  property,  without  due  pro- 
cess of  law ;  nor  shall  private  property  be  taken  for  public  use,  without 
just  compensation.  , 

17.  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
a  speedy  and  public  trial,  by  an  impartial  jury  of  the  state  and  district 
wherein  the  crime  shall  have  been  committed,  which  district  shall  have 
been  previously  ascertained  by  law,  and  to  be  informed  of  the  nature 
and  cause  of  the  accusation  ;  to  be  confronted  with  the  witness  against 
him ;  to  have  compulsory  process  for  obtaining  witnesses  in  his  favor ; 
and  to  have  the  assistance  of  counsel  for  his  defence. 

13.  In  suits  at  common  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved ; 
and  no  fact  so  tried  by  jury  shall  be  otherwise  re-examined  in  any  court 
of  the  Confederacy,  than  according  to  the  rules  of  the  common  law. 

19.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  and  unusual  punishment  inflicted. 

20.  Every  law,  or  resolution  having  the  force  of  law,  shall  relate  to 
but  one  subject,  and  that  shall  be  expressed  in  the  title. 


11 


SECTION   10. 

1.  No  state  shall  enter  into  any  treaty,  allianc^W)r  confederation  ; 
grant  letters  of  marque  and  reprisal  ;  coin  money;  make  any  thinfi;  but 
gold  and  silver  coin  a  tender  in  payment  of  debts  ;  pass  any  bill  of 
attainder,  or  ex  j^ost  facto  law,  or  law  ini])airing  the  obligation  of  con- 
tracts ;  or  grant  .any  title  of  nobility. 

2.  No  state  shall,  without  the  consent  of  the  congress,  lay  any  im- 
posts or  duties  on  imports  or  exports,  except  what  may  be  absolutely 
necessary  for  executing  its  inspection  lows  ;  and  the  net  produce  of  all 
duties  and  imposts,  laid  b}'^  any  state  on  imports  or  exports,  shall  be  for 
the  use  of  the  treasury  of  the  Confederate  States,  and  all  such  laws 
shall  be  subject  to  the  revision  and  control  of  congress. 

3.  No  state  shall,  without  the  consent  of  congress,  lay  any  duty  on 
tonnage,  except  on  sea-going  vessels,  for  the  improvement  of  its  rivers 
and  harbors  navigated  by  the  said  vessels ;  but  such  duties  shall  not 
conflict  with  any  treaties  of  the  Confederate  States  with  foreign  nations  ; 
and  any  surplus  revenue,  thus  derived,  shall,  after  making  such  improve- 
ment, be  paid  into  the  common  treasmy.  Nor  shall  any  state  keep 
troops  or  ships  of  war  in  time  of  peace,  enter  into  any  agreement  or 
compact  with  another  state,  or  with  a  foreign  power,  or  engage  in  war, 
unless  actually  invaded,  or  in  such  imminent  danger  as  will  not  admit 
of  delay.  But  when  any  river  divides  or  flows  through  two  or  more 
states,  they  may  enter  into  -compacts  with  each  other  to  improve  the 
navigation  thereof. 

ARTICLE   II. 

SECTION   I. 

1.  The  executive  poAvcr  shall  be  vested  in  a  president  of  tlie  Confede- 
rate States  of  America.  He  and  the  vice-president  shall  hold  their 
oflices  for  the  term  of  six  years ;  but  the  president  shall  not  be  re- 
eligible.     The  president  and  vice-president  shall  bo  elected  as  follows: 

2.  Each  state  shall  appoint,  in  such  manner  as  the  legislature  thcrco> 
may  direct,  a  number  of  electors  equal  to  the  whole  number  of  senators 
and  representatives  to  which  the  state  may  be  entitled  in  the  congress; 
but  no  senator  or  representative,  or  person  holding  an  office  of  trust  or 
profit  under  thr  Confederate  States,  shall  be  appointed  an  elector. 

3.  The  electors  shall  meet  in  their  respective  states  and  vote  by  bal- 
lot for  president  and  vice-president,  one  of  whom,  at  least,  shall  not  bo 


12 

an  inhabitant  of  the  same  state  with  themselves ;  they  shall  name  in 
their  ballots  the  person  voted  for  as  president,  and  in  distinct  ballots 
the  person  voted  fi#^as  vice-president,  and  they  shall  mate  distinct  lists 
of  all  persons  voted  for  as  president,  and  of  all  persons  voted  for  as 
vice-president,  and  of  the  number  of  votes  for  each,  which  lists  they 
shall  sign  and  certify,  and  transmit,  sealed,  to  the  seat  of  goverment  of 
the  Confederate  States,  directed  to  the  president  of  the  senate ;  the 
president  of  the  senate  shall,  in  the  presence  of  the  senate  and  house 
of  representatives,  open  all  the  certificates,  and  the  votes  shall  then  be 
counted ;  the  person  having  the  greatest  number  of  votes  for  president 
shall  be  the  president,  if  such  numher  be  a  majority  of  the  whole  num- 
ber of  electors  appointed  ;  and  if  no  person  have  such  majority,  then, 
from  the  persons  having  the  highest  numbers,  not  exceeding  three,  on 
the  list  of  those  voted  for  as  president,  the  house  of  representatives 
shall  choose  immediately,  by  ballot,  the  president.  But  in  choosing  the 
president,  the  votes  shall  be  taken  by  states — the  representation  from 
each  state  having  one  vote.  A  quorum  for  this  purpose  shall  consist  of 
a  member  or  members  from  two-thirds  of  the  states,  and  a  majority  of 
all  the  states  shall  be  necessary  to  a  choice.  And  if  the  house  of  repre- 
sentatives shall  not  choose  a  president,  whenever  the  right  of  choice 
shall  devolve  upon  them,  before  the  fourth  day  of  March  next  following, 
then  the  vice-president  shall  act.  as  president,  as  in  case  of  the  death, 
or  other  constitutional  disability  of  the  president. 

4.  The  person  having  the  greatest  number  of  votes  as  vice-president, 
shall  be  the  vice-president,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed ;  and  if  no  person  have  a  majority,  then, 
from  the  two  highest  numbers  on  the  list,  the  senate  shall  choose  the 
vice-president.  A  quorum  for  the  purpose  shall  consist  of  two-thirds 
of  the  whole  number  of  senators,  and  a  majority  of  the  whole  number 
shall  be  necessary  to  a  choice. 

5.  But  no  person  constitutionally  ineligible  to  the  office  of  president 
shall  be  eligible  to  thai  of  vice-president  of  the  Confederate  States. 

6.  The  congress  may  determine  the  time  of  choosing  the  electors, 
and  the  day  on  which  they  shall  give  their  votes  ;  Avhich  day  shall  be 
the  same  throughout  the  Confederate  States. 

7.  No  person  except  a  natural  born  citizen  of  the  Confederate  States, 
or  a  citizen  thereof  at  the  time  of  the  adoption  of  this  constitution,  or 
a 'Citizen  thereof  born  in  the  United  States  prior  to  the  20th  of  De- 
cember, 1860,  shall  be  eligible  to  the  office  of  president ,  neither  shall 
any  person  be  eligible  to  that  office  who  shall  not  have  attained  the  age 


13 

of  thirty-five  years,  and  been  fourteen  years  a  resident  witliin  tlie  limits 
of  the  Confederate  States,  as  they  may  exist  at  the  time  of  his  election. 
8.  In  case  of  the  removal  of  the  president  from  office,  or  of  his  death, 
resignation,  or  inability  to  discharge  the  powers  and  duties  of  the  said 
office,  the  same  shall  devolve  on  the  vice-president ;  and  the  congress 
may,  by  law,  provide  for  the  case  of  removal,  death,  resignation,  or  in- 
ability, both  of  the  president  and  vice-president,  declaring  what  officer 
shall  then  act  as  president ;  and  such  officers  shall  act  accordingly,  until 
the  disability  be  removed  or  a  president  shall  be  elected. 

0.  The  president  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation, which  shall  neither  be-  increased  nor  diminished  during  the 
period  for  which  he  shall  have  been  elected  ;  and  he  shall  not  receive 
within  that  period  any  other  emolument  from  the  Confederate  States,  or 
any  of  them. 

10.  Before  he  enters  on  the  execution  of  his  office,  he  shall  take  the 
following  oath  or  affirmation : 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
office  of  president  of  the  Confederate  States  of  America,  and  will,  to 
the  best  of  my  ability,  preserve,  protect  and  defend  the  constitution 
thereof." 

SECTION   2. 

1.  The  president  shall  be  commander-in-chief  of  the  army  and  navy 
of  the  Confederate  States,  and  of  the  militia  of  the  several  states,  when 
called  into  the  actual  service  of  the  Confederate  States;  he  may  re- 
quire the  opinion,  in  writing,  of  the  principal  officer  in  each  of  the 
executive  departments,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices ;  and  he  shall  have  power  to  grant  reprieves  and  par- 
dons for  offences  against  the  Confederacy,  except  in  cases  of  impeach- 
ment. 

2.  lie  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
.senate,  to  make  treaties;  provided  two-thirds  of  the  senators  present 
concur :  and  he  shall  nominate,  and  by  and  with  the  advice  and  consent 
of  the  senate,  shall  app<tint  amiiassadors,  other  public  ministers  and 
consuls,  judges  of  the  supreme  court,  and  all  other  officers  of  the  Con- 
federate States  whose  appointments  are  not  herein  otherwise  provided 
for,  and  which  shall  be  established  by  law.  But  the  congress  may,  by 
law,  vc.«t  the  appointment  of  such' inferior  officers,  as  they  may  think 
jiroper,  in  the  president  alone,  in  the  courts  of  law,  or  in  the  heads  of 
departments. 


14 

C.  The  principal  officer  in  each  executive  departments,  and  all  per- 
sons connected  with  the  diplomatic  service,  may  be  removed  from  office 
at  the  pleasure  of  the  president.  All  other  civil  officers  of  the  execu- 
tive departments  may  be  removed  at  any  time  by  the  president,  or  other 
appointing  power,  when  their  services  are  unnecessary,  or  for  dishonesty, 
incapacity,  inefficiency,  misconduct,  or  neglect  of  duty ;  and  when  so 
removed,  the  removal  shall  be  reported  to  the  senate,  together  with  the 
reasons  therefor. 

4.  The  president  shall  have  the  power  to  fill  all  vacancies  that  may 
happen  during  the  recess  of  the  senate,  by  granting  commissions  which 
shall  expire  at  the  end  of  their  next  session  ;  but  no  person  rejected  by 
the  senate  shall  be  reappointed  to  the  same  office  during  their  ensuing 
recess. 

SECTION   3. 

The  president  shall,  from  time  to  time,  give  to  the  congress  infor- 
mation of  the  state  of  the  Confederacy,  and  recommend  to  their  consi- 
deration such  measures  as  he  shall  judge  necessary  and  expedient ;  he 
may,  on  extraordinary  occasions,  convene  both  houses,  or  either  of  them ; 
and  in  case  of  disagreement  between  them,  with  respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he  shall  think  pro- 
per ;  he  shall  receive  ambassadors  and  other  public  ministers ;  he  shall 
take  care  that  the  laws  be  faithfully  executed,  and  shall  commission  all 
the  officers  of  the  Confederate  States. 

SECTioisr  4. 

The  president,  vice-president,  and  all  'civil  officers  of  the  Confede- 
rate States,  shall  be  removed  from  office  on  impeachment  for,  and  con- 
viction of,  treason,  bribery,  or  other  high  crimes  and  misdemeanors. 

ARTICLE   III. 

SECTION    1. 

The  judicial  power  of  the  Confederate  States  shall  be  vested  in  one 
supreme  court,  and  in  such  inferior  courts  as  the  congress  may,  from 
time  to  time,  ordain  and  establish.  The  judges,  both  of  the  supreme 
and  inferior  courts,  shall  hold  their  offices  during  good  behavior,  and 
shall,  at  stated  times,  receive  for  their  services  a  compensation  which 
shall  not  be  diminished  durin.q;  their  continuance  in  office. 


.     .  SECTION    2. 

1.  The  judicial  power  shall  extend  to  all  cases  arising  under  this  con- 
stitution, the  lawr?  of  the  Confederate  States,  and  treaties  made,  or 
"which  shall  be  made,  under  their  authority ;  to  all  cases  affecting  am- 
bassadors, other  public  ministers  and  consuls ;  to  all  cases  of  admiralty 
and  maritime  jurisdiction  ;  to  controversies  to  which  the  Confederate 
States  shall  be  a  party ;  to  controversies  between  two  or  more  states ; 
between  a  state  and  a  citizen  of  another  state,  where  the  state  is  plain- 
tiff; between  citizens  claiming  lands- under  grants  of  different  states; 
and  between  a  state  or  the  citizens  thereof,  and  foreign  states,  citizens 
or  subjects ;  but  no  state  shall  be  sued  by  a  citizen  or  subject  of  any 
foreio;n  state. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers  and  con- 
suls, and  those  in  which  a  state  shall  be  a  part}',  the  supreme  court  shall 
have  original  jurisdiction.  In  all  the  other  cases  before  mentioned,  the 
supreme  court  shall  have  appellate  jurisdiction  both  as  tf)  law  and  fact, 
Avith  such  exceptions  and  under  such  regulations  as  the  congress  shall 
make. 

8.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be 
by  jury,  and  such  trial  shall  be  held  in  the  state  where  the  said  crimes 
shall  have  been  coiumitted;  but  when  not  committed  witliin  any  state, 
the  trial  shall  be  at  such  place  or  phaces  as  tlic  congress  may  by  law 
have  directed, 

*        SECTION   3. 

1.  Treason  against  the  Confederate  States  shall  consist  only  in  levying 
war  against  them,  or  in  adhering  to  their  enemies,  giving  them  aid  and 
comfort.  No  person  shall  be  convicted  of  treason  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  on  confession  in  open 
court. 

2.  The  congress  shall  have  power  to  declare  the  punishment  of  trea- 
son ;  but  no  attainder  of  treason  shall  work  corruption  of  blood,  or  for- 
feiture, except  during  the  life  of  the  person  attainted. 

ARTICLE   IV. 

SECTION    1. 

Full  faith  and  credit  shall  be  given  in  each  state  to  the  public  acts, 
records,  and  judicial  proceedings  of  every  other  state.     And  the  con- 


16 

gross  may,  by  general  laws,  prescribe  the  manner  in  wliicli  such  acts, 
records,  and  proceedings  shall  be  proved,  and  the  effect  thereof. 

SECTION    2. 

1.  The  citizens  of  each  state  shall  be  entitled  to  all  the  privileges  and 
immunities  of  citizens  in  the  several  states ;  and  shall  have  the  riirht  of 
transit  and  sojourn  in  any  state  of  this  Confederacy,  Avith  their  slaves 
and  other  property ;  and  the  right  of  property  in  said  slaves  shall  not 
be  thereby  impaired. 

2.  A  person  charged  in  any  state  with  treason,  felony  or  other  crime 
against  the  laws  of  such  state,  who  shall  flee  from  justice  and  be  found 
in  another  state,  shall,  on  demand  of  the  executive  authority  of  the 
state  from  which  he  fled,  be  delivered  up  to  be  removed  to  the  state 
having  jurisdiction  of  the  crime. 

3.  No  slave  or  other  person  held  to  service  or  labor  in  any  state  or 
territory  of  the  Confederate  States  under  the  laws  thereof,  escaping  or 
unlawfully  cah-ied  into  another,  shall,  in  consequence  of  any  law  or 
regulation  therein,  be  discharged  from  such  service  or  labor;  but  shall 
be  delivered  up  on  claim  of  the  party  to  whom  such  slave  belongs  or  to 
whom  such  service  or  labor  may  be  due. 

SECTION  3. 

1.  Other  states  may  be  admitted  into  this  confederacy  by  a  vote  of 
two-thirds  of  the  whole  house  of  representatives  and  two-thirds  of  the 
senate,  the  senate  voting  by  states ;  but  no  nf  w  state  shall  be  formed  or 
erected  within  the  jurisdiction  of  any  other  state;  nor  any  state  be 
formed  by  the  junction  of  two  or  more  states  or  parts  of  states  without 
the  consent  of  the  legislatures  of  the  states  concerned  as  well  as  of  the 
congress. 

2.  The  congress  shall  have  power  to  dispose  of  and  make  all  needful 
rules  and  regulations  concerning  the  property  of  the  Confederate  States 
including  the  lands  thereof. 

3.  The  Confederate  States  may  acquire  new  territory;  and  congress 
shall  have  power  to  legislate  and  provide  governments  for  the  inhabitants 
of  all  territory  belonging  to  the  Confederate  States  lying  without  the 
limits  of  the  several  states ;  and  may  permit  them  at  such  times  and  in 
such  manner  as  it  may  by  law  provide  to  form  states  to  be  admitted  into 
the  confederacy.  In  all  such  territol-y  the  institution  of  negro  slavery, 
as  it  now  exists  in  the  Confederate  States,  shall  be  recognized  and  pro- 
tected by  congress  and  by  the  territorial  government:  and  the  inhabi- 


17 

tants  of  the  several  Confederate  States  and  territories  shall  have  the 
right  to  take  to  such  territory  any  slaves  lawfully  held  hy  them  in  any 
of  the  states  or  territories  of  the  Confederate  States. 

4.  The  Confederate  States  shall  guarantee  to  every  state  that  now  is 
or  hereafter  may  become  a  member  of  this  confederacy  a  republican  form 
of  government;  and  sliall  protect  each  of  tliem  against  invasion;  and  on 
application  of  the  legislature,  (or  of  the  executive  when  the  legislature 
is  not  in  session,)  against  domestic  violence. 

ARTICLE    Y. 

,  section!. 

Upon  the  demand  of  any  three  states  legally  assembled  in  their 
several  conventions,  the  congress  shall  summon  a  convention  of  all  the 
states  to  take  into  consideration  such  amendments  to  the  constitution  as 
the  said  states  shall  concur  in  suggesting  at  the  time  when  the  said  de- 
mand is  made ;  and  should  any  of  the  proposed  amendments  to  the  con- 
stitution be  agreed  on  by  tlie  said  convention — voting  by  states — and  the 
same  be  ratified  by  the  legislatures  of  two-thirds  of  the  several  states  or 
l)y  conventions  in  two-thirds  thereof — as  the  one  or  the  other  mode 
of  ratification  may  be  proposed  by  the  general  convention — the}'  shall 
thenceforward  form  a  part  of  this  constitution.  But  no  state  shall, 
without  its  consent  be  deprived  of  its  equal  representation  in  the  senate. 

ARTICLE    YI. 

1.  The  government  established  by  this  constitution  is  the  successor  of 
the  provisional  government  of  the  Confederate  States  of  America,  and 
all  the  laws  passed  b}"  the  latter  slnill  continue  in  force  until  the  same 
shall  be  repealed  or  modified;  and  all  the  officers  appointed  by  the  same 
shall  remain  in  office  until  their  successors  arc  appointed  and  qualified 
or  the  offices  abolished. 

2.  All  debts  contracted  and  engagements  entered  into  before  the  adop- 
tion of  this  constitution  shall  be  as  valid  against  the  Confederate  States 
under  this  constitution  as  under  the  provisional  government. 

3.  This  constitution  and  the  laws  of  the  Confederate  States  made  in 
pursuance  thereof,  and  all  treaties  made  or  which  shall  be  made  under 
tlie  authority  of  the  Confederate  States,  shall  be  the  supreme  law  of  the 
land;  and  the  judges  in  every  state  shall  be  bound  tliertby,  anything  in 
the  constitution  or  laws  of  any  state  to  the  contrary  notwithstanding. 

4.  The  senators  and  representatives  before  mentioned  and  the  mem- 


18 

bcrs  of  the  several  state  legislatures  and  all  executive  and,  judicial  offi- 
cers, both  of  the  Confederate  States  and  of  the  several  states,  shall  be 
bound  by  oath  or  affirmation  to  support  tliis  constitution ;  but  no  religious 
test  shall  ever  be  required  as* a  qualification  to  any  office  or  public  trust 
under  the  Confederate  States. 

5.  The  enumeration  in  the  constitution  of  certain  rights  shall  not  be 
construed  to  deny  or  disparage  others  retained  by  the  people  of  the  sev- 
eral states. 

6.  The  powers  not  delegated  to  the  Confederate  States  by  the  consti- 
tution nor  prohibited  by  it  to  the  states,  are  reserved  to  the  states  re- 
spectively or  to  the  people  thereof. 

ARTICLE    VII. 

1.  The  ratification  of  the  convention  of  five  states  shall  be  sufficient 
for  the  establishment  of  this  constitution  betAveen  the  states  so  ratifying 
the  same. 

2.  When  five  states  shall  have  ratified  this  constitution  in  the  manner 
before  specified,  the  congress  under  the  provisional  constitution  shall 
prescribe  the  time  for  holding  the  election  of  president  and  vice-presi- 
dent, and  for  the  meeting  of  the  electoral  college,  and  for  counting  the 
votes  and  inaugurating  the  president.  They  shall  also  prescribe  the  time 
for  holding  the  first  election  of  members  of  congress  under  this  consti- 
tution and  the  time  for  assembling  the  same.  Until  the  assembling  of 
such  congress,  the  congress  under  the  provisional  constitution  shall  con- 
tinue to  exercise  the  legislative  powers  granted  them;  not  extending 
beyond  the  time  limited  by  the  constitution  of  the  provisional  govern- 
ment. 


19 


AN  ACT 

To  admit  the  Commonwealth  of  Virginia  as  a  member  of  the 
Confederate  States  of  America, 

The  commonwealth  of  Virginia  having  in  a  convention  of  her  people 
ratified  and  adopted  the  constitution  of  the  provisional  government  of 
the  Confederate  States  of  America  :   therefore, 

Tlie  congress  of  the  Confederate  States  of  America  do  enact.  That 
the  commonwealtli  of  Virginia  he  and  is  herehy  admitted  as  a  meml)cr 
of  the  said  Confederate  States,  upon  an  equal  footing  with  the  other 
Confederate  States,  under  the  constitution  for  the  provisional  goveiii- 
mcnt  of  the  same. 

Approved  May  7,  1861. 


